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MIDTOWN PROPERTIES, INC. v. MADISON TP.

68 N.J. Super. 197 (1961)

172 A.2d 40

MIDTOWN PROPERTIES, INC., A CORPORATION, PLAINTIFF, v. TOWNSHIP OF MADISON, NEW JERSEY, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 2, 1961.

Attorney(s) appearing for the Case

Messrs. Heller and Laiks (Mr. Murray A. Laiks, appearing) attorneys for plaintiff.

Mr. Harold G. Smith, attorney for defendant, Township of Madison.

Mr. John J. Salvest, attorney for defendant, Madison Township Planning Board.

HALPERN, J.S.C. (orally delivered).

These proceedings present two motions for determination.

The plaintiff, Midtown Properties, Inc., seeks, by way of motion, to specifically enforce a consent judgment entered by this court on September 9, 1959; and the defendants seek, by way of motion, to vacate and set aside this judgment.

The matter comes on for hearing based upon the pleadings, the affidavits, briefs and oral argument; all of which have been considered...

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